73
73
Apr 20, 2013
04/13
by
CNNW
tv
eye 73
favorite 0
quote 0
i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the public safety exception is to find out whether or not there is explosive devices out there that would cause some harm to the public -- >> which they're worried about. they don't know where all the pipe bomb went. >> sure. it's an absolute right to use the public safety exception in these circumstances. or is there an act of conspiracy beyond him and his brother. that's important for law enforcement to get to the heart of that as quickly as possible. >> that's an important point. we've been talking about, you know, they thought during the day that he could have some of those pipe bo
i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the...
151
151
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 151
favorite 0
quote 0
dzhokhar tsarnaev was charged without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency vehicles as they were leaving this scene. the tactical teams, the police officers, the national guardsmen, all got cheers. the crowd would erupt and chanted u-s-a! u-s-a ?ft and patriotic songs, as the people here endured so much the last couple of days, very glad to see this chapter of the trag fee tragedy is over. >> we will see you again. >> what is next here? joining us now, the criminal defense attorney, james shalloc, familiar with cases involving multiple murders. he prosecuted son of sam killer, david brcko wits. i have to think, the most powerful evidence may be the videotape, the day of t
dzhokhar tsarnaev was charged without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency...
248
248
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 248
favorite 0
quote 0
we do know they decided there would be no miranda rights so the questioning could begin right away. a matter o
we do know they decided there would be no miranda rights so the questioning could begin right away. a matter o
180
180
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 180
favorite 0
quote 0
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
214
214
Apr 20, 2013
04/13
by
CNNW
tv
eye 214
favorite 0
quote 0
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
112
112
Apr 20, 2013
04/13
by
CNNW
tv
eye 112
favorite 0
quote 0
he probably doesn't understand the miranda warnings at this point. >> allen, thank you. [ male announcer ] when you're at the corner of "multivitamin" and "multiple choice," come to walgreens for help finding the one that's right for you... like centrum. now, get four dollars off select centrum products with balance rewards card. at the corner of happy and healthy. for over 30 years. and it's now the most doctor recommended, the most preferred and the most studied. so when it comes to getting the most out of your multivitamin, the choice is clear. centrum. the choice is clear. when i take a picture of this check, it goes straight to the bank. oh. oh look the lion is out! no mommy no! don't worry honey, it only works on checks. deposit checks from your smartphone with chase quickdeposit. just snap a picture, hit send and done. take a step forward and chase what matters. >>> as the manhunt for suspect number two intensified, family members went in front of the camera delivering very different messages. the brothers were vilified by their uncle, but not by their parents. >> translator: he g
he probably doesn't understand the miranda warnings at this point. >> allen, thank you. [ male announcer ] when you're at the corner of "multivitamin" and "multiple choice," come to walgreens for help finding the one that's right for you... like centrum. now, get four dollars off select centrum products with balance rewards card. at the corner of happy and healthy. for over 30 years. and it's now the most doctor recommended, the most preferred and the most studied. so...
246
246
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 246
favorite 0
quote 0
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
96
96
Apr 20, 2013
04/13
by
FBC
tv
eye 96
favorite 0
quote 0
rights we have been told that clear is a public safety clause that allows the government do not read miranda rights immediately so that he does not have the right to remain silent because there is a public safety threat to make sure there is no other plot out there of the senators john mccain and the gramm put out a statement saying'' mack wheat remaining under threat from radical islam we hope the obama administration seriously considered the enemy combat and option. what that means is this suspect it could go to the military court system but the president signaled the opposite to read between the lines that he believes what distinguishes america is the several civilian court system to uphold our values. he is getting pressure to name him the enemy combat in to that with the two other things he is signaling if he survives go through the civilian court system. >> it appears he will@ survive for cut end henry live. the last time we heard from the authorities at the 6:00 eastern time the news was not good at all and they told the people they cannot find a second suspect and they were lifting t
rights we have been told that clear is a public safety clause that allows the government do not read miranda rights immediately so that he does not have the right to remain silent because there is a public safety threat to make sure there is no other plot out there of the senators john mccain and the gramm put out a statement saying'' mack wheat remaining under threat from radical islam we hope the obama administration seriously considered the enemy combat and option. what that means is this...
132
132
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 132
favorite 0
quote 0
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still hearing me, pete? nope. >> oh, there i hear you now. sorry. i hear you now. >> oh, you can hear me now. little bit of technical difficulty. but it's the kind of thing that asking for forgiveness. i guess i ask from a broader justice perspective. if he does cooperate, despite the heinous nature of the activities that he will, in all likelihood be accused of, murder, the mayhem, the terrorism in the bombing of the boston marathon, is there anything for him to be gained from a legal perspective by cooperation? >> well, he avoids the death penalty. which -- well although in the federal case, i'm not sure about th
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still...
150
150
Apr 20, 2013
04/13
by
CNNW
tv
eye 150
favorite 0
quote 0
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when there's a public safety emergency we don't have to give miranda warnings. this is going to be very, very controversial, and then senator mccain under the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war. what that means is mccain is saying the guy doesn't deserve a jury trial. he's going to be, i don't know whether mccain is suggesting he'd be shipped off to guantanamo, which that would be a radical departure from the way justice is handled in the united states, particularly where a naturalized american citizen is involved and at
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when...
181
181
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 181
favorite 0
quote 0
he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously the people elected toine both sides of the road. forming a gauntlet, a makeshift parade as the emergency crews and tactical teams started leaving this location. they cheered for them, came out with patriotic songs. some of the people said they're glad it's over, they're glad that the suspect survived because he can be questioned. they also said that now is the time to remember people like sean collier, the massachusetts institute of technology campus policeman who was killed in the early stages of that frenzy and chase that ensued a day or so ago.
he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously...
123
123
Apr 20, 2013
04/13
by
KGO
tv
eye 123
favorite 0
quote 0
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that ha
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >>...
131
131
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 131
favorite 0
quote 0
turns to gathering incriminating evidence against him, there will be a necessity to advise him of his miranda warnings. they are probably discussing the timing, the first priority to protect the public. but they don't want to jeopardize their case. but there is no much evidence, my guess that will be a lesser consideration in their deliberations. >> you are right. the public safety exemption-- the interrogation has to be limited and focused. but that's not the case if he were to be declared an enemy combatant. now senator lindsay graham says he should be declared an enemy combatant so a thorough interrogation, a lengthy one without limits could be undertaken. would you agree with that? >> i know, i think it's hard to judge from a distance, without greater information. so, no, i wouldn't be calling to treat him as an enemy combatant without more information. the consequence is, you treat him like an enemy combatant, you may have a longer interview that may or may not give you better information than if you mirandize him. but it poses a real problem, in terms of prosecutes him and bringing him
turns to gathering incriminating evidence against him, there will be a necessity to advise him of his miranda warnings. they are probably discussing the timing, the first priority to protect the public. but they don't want to jeopardize their case. but there is no much evidence, my guess that will be a lesser consideration in their deliberations. >> you are right. the public safety exemption-- the interrogation has to be limited and focused. but that's not the case if he were to be...
179
179
Apr 20, 2013
04/13
by
CNNW
tv
eye 179
favorite 0
quote 0
certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they are now sweeping that scene to make sure there are no additional risks. >> bri
certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john...
80
80
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 80
favorite 0
quote 0
they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in cases like this people continue to talk anyway. >> even though he wasn't mirandized and that was a question that was asked last night at the briefing -- >> right. >> -- right after he was taken into custody, he doesn't lose his rights, right? >> well, he has -- that's right. i mean, he doesn't have to say -- he can't be compelled to talk. if he refuses -- if he just sits there and doesn't answer any questions, they can't make him answer the questions. but the one right that is sort of suspended is, normally speaking if the police ask -- if you're in custody and the police
they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in...
945
945
Apr 20, 2013
04/13
by
CNNW
tv
eye 945
favorite 0
quote 0
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
192
192
Apr 20, 2013
04/13
by
KNTV
tv
eye 192
favorite 0
quote 0
>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms of whether or not to seek the death penalty you review all of the evidence. it's a very thoughtful, long process that is engaged. it's the attorney general of the department of justice that makes the final decision. >> commissioner -- >> i'm sorry. >> -- straight to the boat. can you or the colonel talk about what happened. was he moving around? how did you know it was a chance to take him into custody? >> we know he didn't go straight to the boat. when we set up the perimeter with the best intentions with a lot of information, we found blood in the car he abandoned,
>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms...
192
192
Apr 20, 2013
04/13
by
CNNW
tv
eye 192
favorite 0
quote 0
. >> speaking of legal standards, the decision was made to not read dzhokhar tsarnaev his miranda rights, at least not yet. can you explain a little bit more about that decision? i think a lot of people and others who expect when you get arrested you get yourmy r miran rights are surprised by this decision. >> to break down, everybody has seen when police arrest you, they always say certain words. which include you have the right to remain silent, anything you say can and will be used against you in a court of law. well they didn't do that in the case of this suspect. that's because there's something called a public safety exception. and the public safety exception simply says that if you're concerned that there's a plot that is still afoot, if you're concerned there's an emergency, that there could be bombs somewhere else, the authorities don't have to read you your rights at that time. and that's basically what they have decided to do. but they are still going to have to do it eventually. >> joe johns, thank you so much. >>> it's one of the most visible signs that boston is beginning t
. >> speaking of legal standards, the decision was made to not read dzhokhar tsarnaev his miranda rights, at least not yet. can you explain a little bit more about that decision? i think a lot of people and others who expect when you get arrested you get yourmy r miran rights are surprised by this decision. >> to break down, everybody has seen when police arrest you, they always say certain words. which include you have the right to remain silent, anything you say can and will be...